Notice of Sale
Notice of Sale Under Power
Georgia, Barrow County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RAMON VELA and MARTHA RUVALCABA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Irwin Mortgage Corporation its successor and assigns dated January 16, 2003, and recorded in Deed Book 768, Page 604, Barrow County Records, said Security Deed having been last sold, assigned, transferred and conveyed to DLJ Mortgage Capital, Inc by Assignment, securing a Note in the original principal amount of $133,850.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 4, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 243RD GMD OF BARROW COUNTY, GEORGIA BEING LOT 65, BLOCK A BELLINGRATH PLANTATION, UNIT ONE PER PLAT BOOK 51, PAGE 155, BARROW COUNTY GEORGIA RECORDS WHICH IS REFERRED TO AND MADE A PART OF THIS DESCRIPTION
Said property is known as 506 Monticello Court, Winder, GA 30680, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor.
The property is or may be in the possession of Ramon Vela and Martha Ruvalcaba, successor in interest or tenant(s).
DLJ Mortgage Capital, Inc as Attorney-in-Fact for Ramon Vela and Martha Ruvalcaba
File no. 12-034246
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.